JUDGE Herman Oosthuizen reserved judgment in the matter in which the Fishrot Six entered an application which they again want the arrest warrants issued in their names declared null and void.
The High Court judge indicated that he will deliver judgment on 27 April, just days after the suspects are set to appear at the Magistrate’s Court on the criminal charges they face.
Disgraced ministers Bernhard Esau and Sakeus Shanghala, together with their co-accused James Hatuikulipi, Tamson Hatuikulipi, Ricardo Gustavo and Pius Mwatelulo roped in South African lawyer Thembeka Ngcukaitobi to lead their application.
According to the applicants, the warrants are unlawful it was unnecessary and because the magistrate, who issued the warrants, did not appreciate the discretion to either grant or refuse the warrants.
“It appears that the magistrate in this case, took a mechanical view of his role, believing that if all the relevant boxes were ticked, a warrant could be issued without more,” the legal team of the applicants argued.
According to the applicants, the warrants were also issued in circumstances that constitute contempt of court because the documents were issued at a time when there was material non – disclosures in place.
Advocate Piet van Wyk represented the respondents.